Despite the venerable place that "justice" occupies in social scientific theory and research, little effort has been made to see how members of society themselves define and use the concept when confronted with determining "what has happened" in some social arena, theorizing about why it happened, and deciding what should ensue. We take an ethnomethodological approach to justice, attempting to recover it as a feature of practical activity or a "phenomenon of order." Our analysis involves an actual videotaped (...) jury deliberation. In his classic study of decision making by juries, Garfinkel observed that jurors changed their reliance on commonsense reasoning very little, even though they were instructed to adhere to official and legal criteria for guilt. The vacillation between commonsense reasoning and using official criteria creates a tension; in our data this tension is manifested as the choice between adhering to law and procedural rules and providing "justice." By articulating this tension as a puzzle, several of the jurors prepare the way for using "justice," and then use this concept in formal ways which, along with other discursive patterns and strategies, constitute the deliberation as a structured, concerted activity. We show four stages in the use of the term justice as it is embedded in jurors' practical reasoning. (shrink)

Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of (...) socio-legal studies I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an `unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up. (shrink)

This article offers a perspective on the critical theory of justice by presenting a structural and processual reconstruction of Rainer Forst’s intriguing yet somewhatopaque concept of a basic structure of justification which is central to his proposed critique of justificatory relations. It shows from a cognitive-sociological perspective what a cooperative relation between a philosophical theory of justice and a social scientific approach could mean for critical theory. A basic structure of justification is revealed to be a cognitively available (...) reflexive order above the order of substantive social and political relations that allows the identifi cation, explanation and transformative critique of reflexivity deficits induced by hegemonic, ideological, repressive or obfuscating means. Far from being exclusively a theoretical and methodological tool, however, it is in principle accessible to those involved and affected on whose experience, suffering and critique critical theory vitally depends. (shrink)

Artistic and scientific activities pertain to the world of ‘vocation’, which demonstrates a close relationship with recognition issues. Referring to recent trends in French, German and American sociology and political philosophy, this article addresses both the status of recognition in present-day sociology and the necessity of prizes in vocational activities. Grounded on two empirical surveys about literary and scientific prizes, it displays the various axiological problems raised by such a mode of recognition, as the ‘felicity conditions’ of this (...) mode of recognition have to ensure a feeling of justice and avoid envious reactions. On a more theoretical ground, the article aims to demonstrate the necessity for sociology to shift, first, from material to ‘symbolic’ or, rather, ‘intangible’ outcomes; second, from a concern with power and domination to a concern with interdependency; and third, from recognition conceived as egalitarian respect to recognition conceived as un-egalitarian esteem. (shrink)

Journal of Social Philosophy, EarlyView.

Philosophical theories about justice feelings and axiological feelings generally suffer from the fact that they look for simple criteria of justice, legitimacy, fairness. For this reason, they appear as of little help to account for the findings from sociological empirical studies. Weber's notion of "axiological rationality" can be interpreted as suggesting a "cognitivist" theory of axiological feelings. According to this theory, the causes responsible for the fact that a social actor endorses an axiological statement would not be basically (...) different from the causes responsible for his endorsement of a representational statement. He would endorse the statement "X is fair" as he endorses "X is true", because these statements appear to him as grounded on strong reasons, though he may not perceive these reasons explicitly. This cognitivist theory was used by analysts of collective moral sentiments, as Adam Smith, before Max Weber. A careful examination of two empirical studies shows that the cognitivist theory can make the observational findings more easily understandable. The "cognitivist theory" eliminates the weaknesses of the major general philosophical and sociological theories of axiological feelings. It shows notably that these feelings can be context-dependent without this contextuality making them irrational. This theory includes two major principles: that instrumental rationality does not overlap with rationality shortly; that there are no simple criteria of "fairness", "legitimacy", etc. (shrink)

The sociology of knowledge can most generally be defined as the discipline devoted to the social origins of thought. It is an analysis concerned with specifying the existential basis of thought, and with establishing the relationship obtained between mental structures or thought, and that existential basis. Some very interesting and difficult problems arise from this conception of the sociology of knowledge. Perhaps the most obvious of these is whether or not a sociology of knowledge, as here conceived, (...) is theoretically possible. This is a problem I do not intend to deal with at present because limitations of time prevent me from doing even partial justice to it. (shrink)

Much has been written in the last decade about how we should understand the value of the sociology of bioethics. Increasingly the value of the sociology of bioethics is interpreted by its advocates directly in terms of its relationship to bioethics. It is claimed that the sociology of bioethics (and related disciplinary approaches) should be seen as an important component of work in bioethics. In this paper we wish to examine whether, and how, the sociology of (...) bioethics can be defended as a valid and justified research activity, in the context of debates about the nature of bioethics. We begin by presenting and arguing for an account of bioethics that does justice to the content of the field, the range of questions that belong within this field, and the justificatory standards (and methodological orientations) that can provide convincing answers to these questions. We then consider the role of sociology in bioethics and show how and under what conditions it can contribute to answering questions within bioethics. In the final section, we return to the sociology of bioethics to show that it can make only a limited contribution to the field. (shrink)

Good,No Highlights,No Markup,all pages are intact, Slight Shelfwear,may have the corners slightly dented, may have slight color changes/slightly damaged spine.

This article argues that many situations in social life can be analyzed by their requirement for the justification of action. It is in particular in situations of dispute that a need arises to explicate the grounds on which responsibility for errors is distributed and on which new agreement can be reached. Since a plurality of mutually incompatible modes of justification exists, disputes can be understood as disagreements either about whether the accepted rule of justification has not been violated or about (...) which mode of justification to apply at all. The article develops a grammar of such modes of justification, called orders of worth (grandeur), and argues that the human capacity for criticism becomes visible in the daily occurrence of disputes over criteria for justification. At the same time, it is underlined that not all social situations can be interpreted with the help of such a sense of justice, which resides on a notion of equivalence. Regimes of love, of violence or of familiarity are systematically distinct from regimes of justification. (shrink)

Adam Swift examines the ways in which sociology can inform the study of distributive justice and equality, focusing specifically on the question of whether sociological literature supports Michael Walzer's normative ideal of complex equality. He argues that there are relevant sociological lessons about the role of the state and the importance of citizenship that restrict the scope of Walzer's general claim about the injustice of the conversion of goods between distinct distributive spheres.

The methodology of eunomics -- Means, ends, and the idea of freedom -- The politics of affirmative freedom -- Natural law, sovereignty, and institutional design -- Why pluralism fails a pluralist society -- Obsolescent freedoms.

Caribbean sociology accords with the Du Boisan paradigm of sociology as a science. Caribbean sociology originated as an undifferentiated discipline. It is a panoply of social thought integrated with history, political science, anthropology, psychology, and philosophy. Sociology has never been a discipline sufficient unto itself. To speak of Caribbean sociology is to introduce space and place, territory, and identity as parameters of a social scientific discipline that is yet to adhere to its own boundaries or (...) adequately define itself. Caribbean countries constitute the poor West, and it is a challenge of the discipline to study a region where half of its peoples have migrated and are migrating to the global north. Caribbean sociology contributed diverse if not also original perspectives on significant humanity and is rich in the quality and sophistication of its thought. The sociology of the Caribbean is a sociology of possibilities—a sociology of solutions to the problems of underdevelopment and unfreedom. In the tradition of the scientific sociology of W. E. B. Du Bois it is a quest for social justice. (shrink)

In the Shadow of Justice presents a powerful reconstruction of Anglophone political philosophy. Although the central focus of the book is on the origin and influence of John Rawls's theory of justice, it also uncovers the significance of British political theories in ways that contrast them with the Rawlsian liberal egalitarian idea. The book is, thus, a work of intellectual history that engages with the traditions of normative political theories.By referring extensively to the literature of philosophy, political science, (...) economics, sociology, and the archived materials of Rawls, Katrina Forrester puts forward two provocative theses. First is that the core idea of Rawls's... (shrink)

: H-J Rheinberger's book Toward a History of Epistemic Things contains a sophisticated account of scientific reference and scientific method worked out in conjunction with a case study of the laboratory synthesis of proteins. This paper offers a detailed critical analysis of Rheinberger's position from the standpoint of the sociology of scientific knowledge. The central thesis is that Rheinberger's account of reference, whether deliberately or unwittingly, assimilates discourse about the natural world to discourse about the social world. The result (...) is an inadequate account of scientific terms, which does not do justice to the independent character of the objects of scientific knowledge. A further feature of Rheinberger's approach is a commitment to an extreme form of methodological pluralism. This is challenged in the paper on the basis of a sociological reading of Carnap's famous identification of a "continuum of inductive methods.". (shrink)

In the past decade, scholars such as Samuel Freeman, Martin O’Neill, Alan Thomas and others have argued that no matter how widely Rawls’s theory of justice (TJ) was understood as a defence of the welfare state (WS), the socio-economic system Rawls defends and always defended is property-owing democracy (POD). In this article I present the argument that Rawls did not defend POD in TJ. However, while the claim that it was POD the socio-economic system implied by the principle of (...) difference generated heated reactions by defenders of the WS, the argument I raise differs from most of them. In the article I maintain that, for Rawls, principles of justice underdetermine the choice of social systems, and that although this is true of both principles, it is especially true of the difference principle, whose ability to arbitrate between different social and economic policies is limited. I show how the attempt to uniquely determine the set of social and economic policies authorized by the difference principle clashes with what Rawls explicitly states in TJ and contrasts with central aspects of his sociological and political conception of socio-economic decision-making. Although my aim is to show that the difference principle itself does not discriminate among socio-economic systems, this does not preclude that additional reasons can help in narrowing the range of socio-economic systems allowed. With reference to the ideal of social union that Rawls expounds in the third part of TJ, I argue that TJ does, in fact, offer additional reasons to appraise the WS as preferable to POD. I maintain that the centrality Rawls attributes to the social unity of a just society provides the basis for an understanding of Rawls’s position towards POD after TJ. (shrink)

In a world of appalling social inequalities people are becoming more aware of the multiple dimensions of injustice, whether social, political, cultural, sexual, ethnic, religious, historical, or ecological. Rarely acknowledged is another vital dimension: cognitive injustice, the failure to recognize the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. This book shows why cognitive injustice underlies all the other dimensions; global social justice is not possible without global cognitive (...) justice. Santos s argument unfolds in two inquiries. No matter how internally diverse, Western Modernity provided the knowledge underlying the long cycle of colonialism followed by global capitalism. These historical processes profoundly devalued and marginalized the knowledge and wisdom that had been in existence in the global South. Today, working against epistemicide is imperative in order to recover and valorize the epistemological diversity of the world. Such recovery and valorization is the book s second inquiry and is based on four key analytical tools: sociology of absences, sociology of emergences, ecology of knowledges, and intercultural translation. The transformation of the world s epistemological diversity into an empowering instrument against hegemonic globalization points to a new kind of bottom-up cosmopolitanism. It would promote a wide conversation of humankind, celebrating conviviality, solidarity, and life against the logic of market-ridden greed and individualism and the destruction of life to which world populations large and small are condemned by the dominant forces of globalization. --Provided by publisher. (shrink)

The Oxford Handbook of Sociology for Social Justice is a collection of over 30 chapters focused on how sociological research and applications can be used in various struggles for equality, safety and liberation. The authors describe and promote sociological concepts, theories and methods that have empowered academic scholars to support political organizing, popular education, innovative and grassroots policy making, in an effort to democratize knowledge production and provide some of the ideological and political tools to dismantle exploitive colonial (...) and patriarchal structures, as well as the colonial roots of the discipline itself. This Handbook is a compendium of international scholars presenting real-life examples of how sociologists can "make a difference," in myriad forms of research, teaching and action. Ultimately, this Handbook shows an alternative path for young sociologists and those who still believe the discipline can be a powerful force for social justice. (shrink)

This article extends analyses of environmental influences on social action by examining the emotions experienced by Karuk Tribal members in the face of environmental decline. Using interviews, public testimonies, and survey data we make two claims, one specific, the other general. We find that, for Karuk people, the natural environment is part of the stage of social interactions and a central influence on emotional experiences, including individuals’ internalization of identity, social roles, and power structures, and their resistance to racism and (...) ongoing colonialism. We describe a unique approach to understanding the production of inequality through disruptions to relationships among nature, emotions, and society. Grief, anger, shame, and hopelessness associated with environmental decline serve as signal functions confirming structures of power. The moral battery of fear and hope underpins environmental activism and resistance. More generally, we expand this concern to argue that neglecting the natural world as a causal force for “generic” social processes has limited not only work on Native Americans, but also work sociology of emotions and theories of race and ethnicity, and has masked the theoretical significance of environmental justice. Taking seriously the experiences of Native people and the importance of the natural environment offers an opportunity to extend sociological analyses of power and to move sociology toward a more decolonized discipline. (shrink)

Eine Christliche Theorie der Gerechtigkeit ist eine pluralismusfahige christliche Gerechtigkeitsethik mit globaler Reichweite. Angesichts zahlloser globaler Probleme wie die extreme Armut von fast einer Milliarde Menschen ist fur die christliche Ethik ein Paradigmenwechsel zu einer konsensorientierten Ethik der Gerechtigkeit notwendig.

REVIEW (1): "Jeff Kochan’s book offers both an original reading of Martin Heidegger’s early writings on science and a powerful defense of the sociology of scientific knowledge (SSK) research program. Science as Social Existence weaves together a compelling argument for the thesis that SSK and Heidegger’s existential phenomenology should be thought of as mutually supporting research programs." (Julian Kiverstein, in Isis) ---- REVIEW (2): "I cannot in the space of this review do justice to the richness and range (...) of Kochan's discussion [...]. There is a great deal in this foundational portion of Kochan's discussion that I find tremendously interesting and engaging [...]." (David R. Cerbone, in Studies in History and Philosophy of Science) ---- REVIEW (3): "Science as Social Existence will be of interest not only to Heidegger scholars but to anyone engaged in science and technology studies. [...] This is an informative and original book. Kochan should be praised for his clear, pleasant-to-read prose." (Michael Butler, in CHOICE). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:iPod, YouTube, Wii Play: Theological Engagements with Entertainment by D. Brent Laytham, and: If These Walls Could Talk: Community Muralism and the Beauty of Justice by Maureen H. O’ConnellJoel WardeniPod, YouTube, Wii Play: Theological Engagements with Entertainment By D. Brent Laytham EUGENE, OR: CASCADE, 2012. 209 PP. $24.00If These Walls Could Talk: Community Muralism and the Beauty of Justice By Maureen H. O’Connell COLLEGEVILLE, MN: LITURGICAL (...) PRESS, 2012. 319 PP. $39.95Although, in the Republic, Plato discussed the usefulness (and danger!) of having artists practicing within the civic community, from his time forward, social philosophers, moral theologians, and religious ethicists have tended to avoid [End Page 199] probing too much into the relationship between the aesthetic and the ethical. To be sure, as organized academic philosophy developed, especially after the Enlightenment, the separate intellectual bailiwick of aesthetics left ethical considerations of what is morally (as opposed to artistically) good to the domain of ethics. The result of such segmentation was to keep both interests’ discussions of “the good” significantly apart.The two books reviewed here represent new (and, hopefully, now less uncommon) attempts to find the correspondence between beauty and goodness. Because both authors think and write specifically from the perspective of Christian ethics, these attempts make use of the resources of the Hebrew and Christian scriptures, the sometimes contrasting traditions of Protestant and Catholic spiritual reflection, and the authors’ own personal engagement with sources of beauty or entertainment. Both authors argue in some way that the pursuit of the beautiful (or the enjoyable) bears a relation to goodness. They both also argue that our use of technology and our making of art ought to attend to the building of justice.In his book iPod, YouTube, Wii Play: Theological Engagements with Entertainment, D. Brent Laytham investigates varied forms of contemporary entertainment activities and technologies (e.g., the media-sharing website YouTube, video games, fashion magazines, sporting events) and unearths the ways in which these contemporary and technologically facilitated pastimes both support and endanger human social interaction. In particular, he pays close attention to how entertainment(s) help or hinder the drive of a community of believers into lives of discipleship.The thirteen chapters of the book are each organized around a particular technological theme and make good use of sociological reflection on media, as well as some Christian reflection on games, the communal pursuit of fun, and festivity. Laytham, a Methodist, takes a sympathetic stance toward modes of entertainment in how they function, at times, as legitimate means of communication between persons. But he also warns that they can, if used without an understanding of their effects on the inner lives of the persons involved, be damaging. The author often demonstrates remarkable psychological insight, such as when he discusses the pressures put upon teenagers’ sense of physical self-image when based on the values of fashion magazines (140), the spiritual dangers of any kind of escapism (118), and the complicated motivations underlying petty gambling (107). And though reflection questions that are scattered throughout the body of the text are sometimes distracting from the arguments he puts forward (and so maybe would be better placed at the end of each chapter), he clearly wants his critique of media and entertainment to lead to a fuller, better enjoyment of them, a proper enjoyment possible when they are understood in relation to what should be their ultimate purpose: the drawing together of communities of persons. [End Page 200]Moving from a consideration of entertainment to art, properly speaking, Maureen O’Connell’s If These Walls Could Talk: Community Muralism and the Beauty of Justice is a number of things. It is a narrative description of what has happened in one urban environment in the United States, where socioeconomic decline, street violence, and crushing poverty produce needful places for transformative grace; a theological-aesthetic analysis of a genre of fine art, peculiar for the materials used and the venues in which it is displayed; a moral-ethical project inspired by familial ties to a particular city, as well as the fruit of continued interest (and, one might even say, pastoral zeal) on the author’s... (shrink)

Political liberalism purports to be independent from any controversial philosophical presuppositions, and its basic principles and features are often presented as the most accommodating of difference and heterogeneity, so long as the latter is not illiberal, oppressive and fanatic. Educational theory welcomes this assumption and attempts to utilise it in citizenship curriculum debates, often in a receptive and arguably uncritical way. I shall critique the above by unveiling the contestable epistemological and anthropological theses underlying Rawls' difference principle and by discussing (...) the conception of education that they ground. I shall draw especially on sociology of education and its questioning of the ‘racism of intelligence’ in order to show that political liberalism mistakes its self- and world-understanding as a reflection of general and undisputed facts. Further, I shall explain how a more critical perspective would give educational theory a more active role by challenging the so-called ‘reproductive’ conception of education. I shall conclude by assessing the significance of such a critique for teaching citizenship, putting forward some suggestions for a reorientation of political education. (shrink)

The article is devoted to the study of an important problem - how to build a reliable model of interaction between the state and the individual based on the idea of social justice in modern society. This issue is especially relevant against the background of rapid political and social changes that require the unification of citizens around common values and a vision of the future. Renewal of the ideological foundation, which is the basis of national identity, as well as (...) the formation of a unified outlook on social justice can become a powerful driver of the state’s development.The main goal of the article is to find effective approaches to the modernization of society through the creation of a nationwide concept of social justice, which is able to unite society around common values and contribute to the formation of trust in social institutions. For this, the article refers to the theory of John Rawls «justice as honesty», which has already proven itself in European countries as an effective basis for establishing social harmony. The study also examines two main ethical concepts – «correctness» and «goodness», which complement Rawls’s theory and provide an opportunity to build a more stable ideological foundation for Ukraine.The research methodology includes systemic-analytical, historical, comparative and structural-functional approaches, which allow a comprehensive assessment of how mass attitudes and social attitudes affect the formation of the concept of justice in the country. Sociological methods were also used, which helped to identify shortcomings in the attitude of citizens towards state institutions and to determine the main directions for strengthening public consensus.The results of the study demonstrate that there is a lack of a generally accepted vision of social justice in Ukrainian society, and the lack of a single ideological reference point makes it difficult for citizens to consolidate around national priorities. Sociological surveys indicate a low level of trust in state institutions, which significantly slows down reform processes. Therefore, the implementation of the concept of social justice requires active cooperation between the public and the political elite, efforts to restore trust and build a positive vision of the future.As a result, the author of the article concludes that in order to build a just and prosperous society, it is necessary to update the existing approaches to social policy. Only through the creation of a common ideological field based on justice and an active citizen position, it is possible to achieve sustainable development of the country and ensure the consolidation of the nation. (shrink)

This collection will appeal to scholars and students of social and legal theory, visual culture, justice and governance studies, media studies, and criminology.

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to (...) explore that question. (shrink)

This article presents a relatively straightforward theoretical framework about distributive justice with applications. It draws on a few key concepts of Sociological Game Theory. SGT is presented briefly in section 2. Section 3 provides a spectrum of distributive cases concerning principles of equality, differentiation among recipients according to performance or contribution, status or authority, or need. Two general types of social organization of distributive judgment are distinguished and judgment procedures or algorithms are modeled in each type of social organization. (...) Section 4 discusses briefly the larger moral landscapes of human judgment – how distribution may typically be combined with other value into consideration. The article suggests that Rawls, Elster, and Machado point in this direction. Finally, it is suggested that the SGT framework presented provides a useful point of departure to systematically link it and compare the Warsaw School of Fair Division, Rawls, and Elster, among others. (shrink)

This paper investigates the relationship between economic theory and theories of justice in the design of public policy. In particular, it focuses on the role of mechanism design in policy contexts beset with issues of social, racial and distributive justice. Economists’ involvement in redesigning Boston’s algorithm for allocating K-12 students to public schools serves as an instructive case study. The paper draws on the distinction betweenideal theoryandnon-ideal theoryin political philosophy and the concept ofperformativityin economic sociology to argue (...) that mechanism design can enact elaborate ideal theories of justice. Anormative gapthus emerges between the goals of the policymakers and the objectives of economic designs. As a result, mechanism design may obstruct stakeholders’ avenues for normative criticism of public policies, and serve as a technology of depoliticization. (shrink)

In The Myth of Ownership, Liam Murphy and Thomas Nagel argue that achieving fairness in taxation is principally a matter of distributive justice. Distributive justice can be understood as being concerned with what is owed to people as a matter of justice. For Nagel and Murphy, fairness in tax schemes is subsumed to the question of distributive justice: fairly allocated tax liabilities are just those that are compatible with the preferred theory of distributive justice. Subsuming (...) assessments of tax fairness to distributive justice, however, overlooks the following possibility: that the question of how we ought to divvy up tax liabilities, and the burdens associated with running a society more generally, requires different, non-distributive considerations of justice. These are considerations of justice that aren’t essentially about distributive justice at all. I argue here that the division of burdens in a society is specifically a matter of contributive justice. Contributive justice is concerned with what people owe as a matter of justice, rather than what is owed to them. It makes the division of burdens itself evaluative salient in assessments of fairness. Even a comprehensive specification of distributive justice leaves indeterminate how the burdens of running a society should be fairly divided up. Each of the chapters in this dissertation develops one part of an account of contributive justice. I first make conceptual space for an account of contributive justice. By taking Murphy and Nagel’s lead, and working within the post-distribution, a distinctive need for principles of justice in contribution can be shown. Murphy and Nagel decline to introduce non-distributive principles for guiding the provision of post-distributive public goods. Instead, they favor efficiency in determining the provision of post-distributive of public goods. I show that contributive justice is genuinely distinct from both efficiency and distributive justice. I also identify one respect in which principles of contributive justice should bear: that of determining the financing and delivery and civic cultural public goods. I then argue that a principle of contribution in accordance with ability (a principle of “ability-to-pay”, or “ability-to-contribute”, for short) stands out as a candidate principle of contributive justice. The version of ability-to-pay that I defend is, in particular, a deontic principle of ability-to-pay. I show that a deontic principle of ability-to-pay is more closely allied with a view of society as a cooperative enterprise than utilitarian versions of ability-to-pay. An account of ability to contribute is developed by grafting a notion of opportunity cost onto Amartya Sen’s capability theory. Lastly, I incorporate contributive justice in an account of contributive legitimacy. Contributive legitimacy gives us a set of conditions under which the state’s use of coercive force to extract tax contributions is legitimate, and hence justified. Drawing on empirical evidence from the development and fiscal sociology literature, I show that contributive legitimacy in a state’s tax extraction practices is essential to rule of law, and the avoidance of kleptocratic authoritarianism. Contributive legitimacy supplements our understanding of conventional notions of political legitimacy and helps us identify possible failures of political legitimacy. These are failures that might be overlooked were we to focus solely on distribution. (shrink)

Leonard Trelawney Hobhouse is considered one of the founders of sociology as a discipline. His four books which form Principles of Sociology are published here together for the first time - representing a synthesis of the philosophical and scientific methods of social inquiry. Although very scarce, the study by Hobson and Ginsberg is still regarded as the most comprehensive account of Hobhouse's life and works. There is also a memoir by Hobson and a selection of Hobhouse's otherwise inaccessible (...) writings. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the (...) bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

The paper offers a modelling of the sense of justice as it is displayed in ordinary situated disputes. While this model accounts for a plurality of legitimate forms of evaluation which are used in the process of critique and justification, it escapes a relativism of values by demonstrating that all these forms satisfy a set of common requirements. The reasonable character of the everyday sense of justice is also anchored in a reality test involving the engagement of objects (...) which qualify for a certain form of evaluation. The paper discusses this model in relation to competing theories of justice, and models of social action and interaction. (shrink)

That discrimination exists in courts of law is beyond dispute. In American murder cases, for instance, studies show that blacks who kill a white are much more likely to receive the death penalty than if they kill a black. Indeed, in Georgia, they are 30 times more likely to be condemned, and in Texas a staggering 90 times more likely. Conversely, in Texas, of 143 whites convicted of killing a black, only one was sentenced to die. But how extensive is (...) discrimination in the courtroom? Is it strictly a matter of racial prejudice, or does it respond to a wide range of social factors? In Sociological Justice, eminent legal sociologist Donald Black challenges the conventional notion that law is primarily an affair of rules and that discrimination is an aberration. Law, he contends, is a social process in which bias is inherent. Indeed, Black goes well beyond the documented instances of racial discrimination to show how social status, the degree of intimacy, speech, organization, and numerous other factors all greatly influence whether a complaint will be filed in court, who will win, and what the punishment or other remedy will be. Moreover, he extends his analysis to include not only the litigants, but also the lawyers, the jurors, and the judge, describing how their social characteristics can also influence a case. Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and, for those interested in reform, he suggests ways to minimize bias in the courtroom. Beyond this, Black demonstrates that modern jurisprudence, with its assumption that like cases will be treated in like fashion, is out of touch with reality. He urges the adoption of a new sociological jurisprudence, with a new morality of law, that explicitly addresses the social relativity of justice. A major contribution to legal scholarship, this thought-provoking volume is essential reading for anyone interested in law and justice in modern society. (shrink)

Definition of the problem: The article discusses the ways in which sociological analyses can contribute to the problem of a just allocation of scarce donor organs.Arguments: It is argued that this contribution consists primarily in the demonstration of the ethical, rather than medical nature of the problem itself. Only if its ethical nature is acknowledged will it be possible to come to a proper understanding of the several dilemmas involved and to consider adequate means for handling them.

Consecutive constructivism is a moral and political theory which mitigates structural injustice by securing individuals' perception of private morality--that is, inventing procedural devices to make people enhance their moral consciousness--and, at the same time, encourages people to voluntarily concern themselves with procedural justice and public morality. The crucial reason for this position is that a detouring method of not directly dealing with the problem of justice but rather discussing the problem of morals is required to avoid the lucid (...) criticisms of statists that the sovereign ruling states with authority or the world government does not exist. This book suggests a new approach to the problem of global justice, termed here consecutive constructivism. It provides a way of coping with procedural justice at the global level, while also alleviating the problem of structural injustice insofar as it exacerbates procedural injustice. Acknowledging the fact that the discussion of global justice is difficult in a world constituted of lots of sovereign states, it sketches out a political theory which begins with the problem of morals and then consecutively moves on to the matter of justice. The result is a novel normative theory narrowing the gap between Neo-Westphalian and Post-Westphalian traditions. (shrink)

This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain (...) the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions. (shrink)

This engaging, wide-ranging study in comparative social and political philosophy gives a well-argued account of how ideological and even utopian views, such as normative communication, development and justice, are sociologically rooted. It also shows how this fact has been reflected in the social history of Asian countries like India and China, as well as some Western countries during the last two centuries. To illustrate the underlying concepts, reference is made to influential thinkers, both from the East and West, from (...) Hegel and James Mill to Marx and Maozedong, and from Gandhi to Rawls. The author, himself one of the major contemporary Indian philosophers, offers arguments to show that the right version of cultural relativism is objective and judgeable. Concrete case studies are cited indicating why even fundamental values like indivisible peace and "our own green planet" cannot be practically universalized. Yet this work is a sustained plea for improvable understanding between the East and the West and the transcultural value orientation of different cultures. (shrink)

This book develops an empirically informed normative theory of need-based justice, summarizing core findings of the DFG research group FOR2104 “Need-based Justice and Distributive Procedures”. In eleven chapters scholars from the fields of economics, political science, philosophy, psychology, and sociology cover the identification and rationale of needs, the recognition and legitimacy of needs, the dynamics and stability of procedures of distributions according to needs, and the consequences and sustainability of need-based distributions. These four areas are studied from (...) the perspective of two mechanisms of need objectification, the social objectification by the discursive generation of mutual understanding (transparency) and the factual objectification by the transfer of decisions to uninvolved experts (expertise). The volume addresses academics in the fields of justice research, ethics, political theory, social choice and welfare, framing, individual and group decision making, inequality and redistribution, as well as advanced students in the contributing disciplines. (shrink)

Sociologists generally agree that history affects or conditions moral belief, but the relationship is still only vaguely understood. Using a case study of the appearance of social justice beliefs in Victorian-era Britain, this article develops an explanation of the link between history and morality by applying field theory to capture the historical genesis of a field. A moral way of evaluating poverty and inequality developed slowly over the course of the nineteenth century in Britain, with a trajectory extending back (...) to Malthus’s Essay on the Principle of Population and moving forward to the Fabians, the Settlement Movement, and other social reformers at the end of the nineteenth century. Drawing from field theory, I argue that social justice beliefs emerged during this time through the genesis of moral universalism as a distinct mode of experience. Several recognizable moral beliefs appeared in the process, including “equality of opportunity,” “equality of reward,” “character,” and “effort,” “ability,” and “duty” as forms of merit (among others). I argue for treating moral beliefs as historical and relational entities that are situated and dated by the conditions marking their appearance in a field. As I conclude, this lends the sociology of morality to a critical moral reflexivity instead of moral relativism or moral realism. (shrink)

Analyzes the structure of the modern social order and examines the Christian's proper goals of working for peace and justice.

In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.

Research has established that the burdens of externalities associated with industrial production are disproportionately borne by socially and politically vulnerable groups, and this is particularly true for farmworkers who are at high risk for environmental exposures and illnesses. The impacts of these risks are often compounded by farmworker communities’ social vulnerability. Yet, less is known about how the intersection of race, class, and gender can position some farmworkers to be at higher risk for particular types of oppressions. We extend the (...) literature by analyzing the case of Black women farmworkers in Apopka, Florida, which was historically home to a large agricultural community. Drawing on the concept of critical environmental justice, we investigate the lived experiences of these women in the context of racialized, gendered, and economic oppressions during their time working on the farms. We use the case of Apopka to ask: how the policies and socio-historical context of the agricultural industry in the American South contributed to injustices experienced by Black women farmworkers in Apopka, Florida; and how race, gender, and class intersected and intersect to create and legitimize environmental injustices in the workplace for these farmworkers. Our data include semi-structured in-depth interviews, newspaper and media coverage, and archival materials. Our analysis advances work on critical environmental justice and intersectionality by mapping the relationship between structural and environmental intersectional oppressions for Black women farmworkers. (shrink)

The meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in (...) her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life. (shrink)

The postwar welfare state provides social insurance against economic, health, and related risks in an uncertain world. Because everyone can envision themselves to be among the unfortunate, social insurance fuses self-interest and solidarism in a normative principle Friedman (2020) calls probabilistic justice. But there is a competing principle of status defense, where the aim is to erect boundaries between socioeconomic strata and discourage cross-class mobility. We argue that this principle dominates when inequality is high and uncertainty low. The current (...) moment is one of high inequality and high uncertainty, which results in intense status anxiety, yet does not rule out solidaristic solutions. Our contributions are to diagnose the causes of our current malaise, and to theorize the normative bases for the political choice facing contemporary western democracies. (shrink)

In this book, which was originally published in 1992, Klaus Scherer brought together leading scholars from the social sciences to discuss theoretical and empirical studies of justice. They examined the nature of justice from the perspective of philosophy, economics, law, sociology and psychology, and explored possible lines of convergence. A critical examination of theories of justice from Plato and Aristotle, through Marx, to Rawls and Habermas heads a collection which addresses the role of justice in (...) economics and the law and which evaluates sociological and psychological stances in relation to justice distributive and procedural. All the material is of clear cross-disciplinary interest; and this broad and authoritative survey of thinking on the topic will appeal to all researchers in the area, whatever their background, as well as to those confronting issues of justice in law politics and business. (shrink)

This volume focuses on three closely-connected aspects of Émile Durkheim's work: his sociology of justice, his sociology of morality and his political sociology. These areas of his thought are the most relevant and practical today in considering fundamental problems of contemporary societies and they provide many of the most important insights of his social theory. This collection presents Durkheim's thought in an unusual and revealing light and shows him as a key social and political thinker for (...) the twenty-first century. (shrink)